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ABOUT THE BOOK

This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation.
The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests – economic, political and cultural – through which some of this power is sought to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.

TABLE OF CONTENTS

1. NASCENT STATEHOOD
I. Pre-Colonial India
II. Company Rule
III. Regional Expansion
IV. British Raj and Colonial Difference
V. Constitutional End-Games
VI. Partition
Further Reading
2. STATE BUILDING AND CONSTITUTION MAKING
I. Centralisation of Power
II. Regionalism
III. Islam
IV. The 1956 Constitution
V. Ayub and the 1962 Constitution
VI. Yahya/Bangladesh
VII. The 1973 Constitution
Further Reading
3. REPRESENTATIVE GOVERNMENT
I. Parliamentary Structure
II. Parties and Politicians
III. Electoral System
IV. Parliamentary Democracy/Parties, Class, Etc
Further Reading
4. EXECUTIVE GOVERNMENT
I. Exceptional Powers
II. A Militarised Executive
III. Courts as Referees-Article 58(2)(b), President v PM
IV. A Prime Ministerial Executive
V. Taming the Executive
VI. Presidential Ordinances
Further Reading
5. THE JUDICIARY
I. History and Structure of the Post-Independence Judiciary
II. Military Loyalty
III. The 1990s Judiciary
IV. Chief Justice Iftikhar Chaudhry and Extensive Review
V. The Lawyers' Movement and Judicialisation of Politics
VI. Basic Structure
VII. Judicial Independence
Further Reading
6. FEDERALISM
I. Political Structure of Federalism
II. Exceptions to the Federal Formula
III. Federal/Provincial Powers
IV. Emergency
V. Ethnic Conflict and the Federal Formula
VI. Local Government
Further Reading
7. RIGHTS: EQUALITY AND LIBERTY
I. Rights and Review until 1973
II. The Structure of Fundamental Rights in the 1973 Constitution
III. Gender Equality and Equality Law
IV. Preventive Detention
Further Reading
8. ISLAM
I. Islam and State
II. Zia and Islamisation
III. Blasphemy
IV. Musharraf Reform and After
Further Reading
CONCLUSION